Terms Used In Vermont Statutes Title 21 Sec. 205

  • Act: means the Occupational Safety and Health Act of 1970, enacted by the Congress of the United States of America, and rules made thereunder, as amended at any time. See
  • Commissioner: means the Commissioner of Labor or designee. See
  • Rule: means a rule or regulation. See
  • Secretary: means the Secretary of Human Services. See
  • Secretary of Labor: means the Secretary of Labor of the United States of America. See
  • VOSHA Code: means subchapters 4 and 5 of this chapter and 18 Vt. See

§ 205. Variances

(a) In cases involving a work place, the Secretary of Human Services, in the case of health standards, and the Commissioner, in the case of safety standards, may grant a variance from a standard or any provision thereof promulgated in a rule, under the same terms, conditions, and criteria as the federal Secretary of Labor may under sections 6(b)(6) and (d) of the Act.

(b) The Secretary of Human Services, in the case of health standards, and the Commissioner, in the case of safety standards, may grant a variance, tolerance, or exemption to and from any or all provisions of the VOSHA Code as found necessary and proper to avoid serious impairment of the national defense. Such action shall not be taken without the written consent of a federal official authorized to make such variation, tolerance or exemption to and from any or all provisions of the Act. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 1973, No. 214 (Adj. Sess.), § 8.)